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Buying and Selling Distressed Businesses provides an authoritative, insider's perspective on best practices for engaging in distressed business sales in the wake of the global economic recession. Featuring partners from some of the nation's leading law firms, this book guides the reader through the latest trends in distressed business deals and examines...
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Buying and Selling Distressed Businesses provides an authoritative, insider's perspective on best practices for engaging in distressed business sales in the wake of the global economic recession. Featuring partners from some of the nation's leading law firms, this book guides the reader through the latest trends in distressed business deals and examines why companies are selling now, which industries sectors are active, and the current risks and opportunities involved. From Philadelphia Newspapers and General Growth Properties to General Motors and Chrysler, these top lawyers analyze significant recent cases and how they are continuing to impact today's deal strategies. They evaluate the latest tactics for approaching distressed business transactions for both buyers and sellers and reveal proven guidance for structuring sales, negotiating terms, and navigating the sale and action process. In addition, these leaders discuss avoiding common errors, working effectively with clients, and adapting to a client's changing objectives and investment goals. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-evolving field. Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community. Chapters Include: 1. Judith Elkin, Partner, Haynes and Boone LLP - "Recent Cases and Strategies That Impact Distressed Business Sales: Is It Worth the Headache?" 2. Joshua J. Angel, Senior Counsel, Herrick, Feinstein LLP - "A Few Essential Elements of Distressed Asset Transactions" 3. Kevin J. Walsh, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC - "Strategies for Navigating Distressed Business Transactions" 4. Robert V. Sartin, Managing Member, Frost Brown Todd LLC - "A Practical Approach to Financial Restructuring and Commercial Bankruptcies in the Automotive, Coal, and Equine Sectors" 5. C. R. Chip Bowles, Member, Greenebaum Doll & McDonald PLLC - "Caveat Emptor: The Impact of Recent Decisions on Distressed Business Purchase Strategy" 6. Christopher F. Graham, Managing Partner, McKenna Long & Aldridge LLP - "Opportunities and Challenges for Distressed Transactions" 7. John C. Hickey, Member, Lewis, Rice & Fingersh LC - "The Fundamentals of Buying and Selling Distressed Businesses" 8. Peter C. Blain, Shareholder and Chair, Bankruptcy and Creditor s Rights Department, Reinhart Boerner Van Deuren SC - "Let's Make a Deal: Sales of Distressed Businesses in Insolvency Proceedings" Appendices Include: Appendix A: Due Diligence Checklist Appendix B: In re General Growth Properties, Inc. Appendix C: In re Pacific Lumber Co. Appendix D: Letter of Intent Appendix E: Due Diligence Checklist Appendix F: Sample Memo Regarding Due Diligence Checklist Appendix G: Sample Closing Checklist Appendix H: Auction Consent and Plan Agreement Appendix I: Sale Approval Order
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